Meeting Minutes 2023-07-12

MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
July 12, 2023

THE STATE OF TEXAS §
COUNTY OF HARRIS §
PARKWAY UTILITY DISTRICT §

Brenda McNeil, President
Ron Everhart, Secretary
Gloria Woods, Secretary
Cody Pogue, Investment Officer
Shiwann Simpson, Assistant Secretary

All Directors were present, except Director Simpson, thus constituting a quorum. Also attending all or parts of the meeting were: Ms. Tonya Francis of McLennan & Associates, L.P. (“Bookkeeper” or “McLennan”), bookkeeper for the District; Ms. Delia Yanez of Assessments of the Southwest (“Tax Assessor-Collector”), tax assessor and collector for the District; Mr. Jeffery Bishop and Mr. Drew Alford of Quiddity, engineers for the District; Mr. Gary Syzek of Systems Project Management, General Manager for the District; Mr. Josh Maas with M. Marlon Ivy & Associates (“MMIA”), operator for the District; Ms. Karen Sears of Storm Water Solutions; Mr. Charles Graham and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Mr. Jamal Singleton of Direct Waste Solutions; and Captain Ganey of Harris County Precinct 3 Constable’s Office.

In accordance with notice posted pursuant to law, copies of certificates of posting of which are attached hereto as Exhibit “A,” the following business was transacted:

Call to Order. Mr. Graham called the meeting to order and proceeded with the meeting business

1. Public Comments (2 minutes each). There were no public comments.

2. Approve the minutes of the meeting on June 14, 2023 and the Joint Meeting on June 21, 2023. Minutes of the regular meeting of June 14, 2023 and the Joint Meeting of June 21, 2023 were previously distributed to the Board and were presented for consideration and approval. Upon motion by Director Pogue, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to approve the minutes.

3. Report from Direct Waste Solutions. Mr. Singleton presented and reviewed the report, a copy of which is attached hereto as Exhibit “B.”

Mr. Singleton requested a rate adjustment and contract renewal for three additional years. He stated the new total trash rate is $16.25 and the total recycling rate is $3.00 going in to effect

August 2023. Discussion ensued.

Upon motion by Director Everhart, seconded by Director Pogue, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the contract renewal and rate increase contingent upon legal review of the contract.

4. Report from General Manager. President McNeil recognized Mr. Syzek, who reviewed and presented the District’s General Manager’s Report, a copy is attached as Exhibit “C.”

Mr. Syzek reviewed an interlocal agreement with the Harris Galveston Subsidence District regarding the water conservation program, a copy of which is attached hereto as Exhibit “D.” He stated Monahan Elementary School is interested in accepting sponsorships for 160 students. Mr. Syzek reported the District will receive 13,440,000 gallons of credit for a cost of $6,080.

Discussion ensued. Upon motion by Director Everhart, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the interlocal agreement and sponsor 160 students.

Mr. Syzek stated the granite restoration of Resilience Trail is complete.

Mr. Syzek reported on Sunrise Trail swale drainage improvements stating Storm Water Solutions is handling.

Mr. Syzek reported on the Harris County Toll Road Authority detention pond pilot channel maintenance.

Mr. Syzek provided a status update regarding the wastewater treatment plant.

Mr. Syzek reported the effluent outfall discharge pipe repair is complete.

Mr. Syzek reviewed a template for the bronze plaque for former Director Al Rettig. Discussion ensued regarding holding a ceremony.

5. Consider approval of Harris-Galveston Subsidence District’s Water Conservation Program for Monahan Elementary School. This item was discussed and approved during the General Manager’s Report.

6. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Captain Ganey reviewed security statistics for the month of May. A copy of the report is attached hereto as Exhibit “E.” He reviewed various crimes throughout the District. Captain Ganey provided information regarding a new phone application that will be used for notification purposes to the residents.

7. Tax Assessor and Collector’s Report, status of delinquent tax accounts, and payment of bills. Ms. Yanez presented to and reviewed with the Board the Tax Assessor-Collector’s Report for May a copy of which is attached as Exhibit “F.” Ms. Yanez reported that 95.66% of the District’s 2022 taxes have been collected as of June 30, 2023.

Ms. Yanez presented 8 checks and 2 wires to the Board for review and approval.

Ms. Yanez reviewed the delinquent tax role stating the accounts listed are being handled by the delinquent tax attorney.

Upon motion by Director Woods, seconded by Director Pogue, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the Tax Assessor and Collector’s Report.

8. Bookkeeper’s Report, Investment Report, payment of bills, and take any necessary action. Ms. Francis reviewed the Bookkeeper’s Report and quarterly investment report, copies of which are attached as Exhibit “G.”

Ms. Francis notified the Board of Ms. Diane Bailey’s passing. The Board offered their condolences.

Ms. Francis reviewed the various fund balances.

Ms. Francis presented checks and deposit refunds for Board approval.

Ms. Francis reviewed the schedule of investments through current day.

Ms. Francis reviewed the Investment report for June with the Board.

Ms. Francis reported that the next debt service payment is not due until September 1, 2023.

Ms. Francis reviewed budget information and the budget comparison through June.

Ms. Francis reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.

Mr. Bishop stated there should be no remaining balance of surplus funds since the funds were used to purchase the Tenaris tract. Ms. Francis stated she will review.

Upon motion by Director Pogue, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the bookkeeper’s report.

9. Operator’s Report from M. Marlon Ivy & Associates. Mr. Maas presented and reviewed with the board the Operator’s Report, a copy of which is attached hereto as Exhibit “H.”

Mr. Maas reported Parkway currently has 2440 active connections.

Mr. Maas reviewed the bill and collections report for May and June with the Board.

Mr. Maas reviewed the production and sales report and stated the District has 91.54% accountability.

Mr. Maas reviewed historical data over a 4 month average.

Mr. Maas stated there were no violations at the wastewater treatment plant.

Mr. Maas reported the doors have been replaced since last month’s meeting and the alarm sensors will need to be reprogramed.

Mr. Maas presented and reviewed a list of accounts to send to collections, a copy of which is attached hereto as Exhibit “I.” Upon motion by Director Everhart, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to send the accounts to collection that total over $75.

Upon motion by Director Everhart, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to accept the Operator’s Report and to proceed with termination and fees of delinquent accounts.

10. Receive and approve Engineer’s Report, including approval of pay estimates and authorize action relating to plans and projects, including conveyances of real property and/or District facilities. Mr. Bishop presented to and reviewed with the Board the Engineer’s Report, a copy of which is attached as Exhibit “J.”

Mr. Bishop reported on the Tidwell Road Basin and Storm Sewer Improvement Project stating bids will be received this week.

Mr. Bishop provided an update regarding P122-00-00 Channel Improvements Project stating it is in its final design phase and Harris County is waiting to acquire land.

Mr. Bishop reported on the lead and copper rule revision stating the District will need to be in compliance by October of 2024.

Mr. Bishop stated he is finalizing the lift station inspection reports and will discuss further at next month’s meeting.

Mr. Bishop reported on the Surface Water transfer Facility and recommended payment of pay estimate no. 18. Upon motion by Director Everhart, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 18.

Mr. Bishop reported on the surface water transfer facility expansion project stating contracts are being executed and once fully executed a pre-construction meeting will be scheduled.

Mr. Bishop stated there is no update at this time regarding the waste water treatment plant clearing, grubbing, and detention project and complications. Mr. Graham stated he will check on the status of the demand letter to be sent to the contractor.

Mr. Bishop reported on the Wastewater Treatment Plant expansion project and recommended payment of pay estimate no. 26. Upon motion by Director Pogue, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 26.

Upon motion by Director Woods, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Engineer’s Report.

11. Discuss ethics policy and take any necessary action. Mr. Graham reported that the Board may authorize an increase in Director per diems up to $221, however the maximum annual amount of per diems remains the same at $7,200. The Board agreed to make no changes to the current ethics policy and continue with a Director per diem amount of $150.

12. Report from Storm Water Solutions, and take any necessary action. Ms. Sears reviewed a report from Storm Water Solutions, a copy of which is attached hereto as Exhibit “K.” Ms. Sears reviewed photographs of the various ponds throughout the District and discussed services completed and upcoming services needed.

Ms. Sears reported she will bring a proposal for herbicide treatment at the pilot channel next month.

Ms. Sears presented and reviewed a proposal regarding desilting the concrete pilot channels at the Stonefield Manor detention pond. Upon motion by Director Everhart, seconded by Director Pogue, after a full discussion and the question being put to the Board, the Board voted unanimously to accept the proposal in the amount of $19,800.

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, the meeting was adjourned.

* * *

The foregoing minutes were passed and approved by the Board of Directors on August 9, 2023.

President, Board of Directors

ATTEST:
Secretary, Board of Directors

(DISTRICT SEAL)